87R2297 MP-D
By: Canales H.B. No. 1835
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Department of
Agriculture, the Prescribed Burning Board, and the Texas Boll
Weevil Eradication Foundation and the abolishment of the Early
Childhood Health and Nutrition Interagency Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.003, Agriculture Code, is amended to
read as follows:
Sec. 11.003. SUNSET PROVISION. The Department of
Agriculture is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the department is abolished September 1, 2033 [2021].
SECTION 2. Section 12.0175, Agriculture Code, is amended to
read as follows:
Sec. 12.0175. "GO TEXAN" [GROWN OR PRODUCED IN TEXAS]
PROGRAM. (a) The department by rule shall [may] establish the "Go
Texan" program [programs] to promote and encourage the development
and expansion of markets for Texas [market] agricultural products
and other products grown, processed, or produced in the state.
(b) The department may charge a membership fee, as provided
by department rule, for each participant in the "Go Texan" [a]
program.
(c) The department shall [may] adopt rules necessary to
administer the "Go Texan" [a] program established under this
section, including rules:
(1) governing the use of any registered logo of the
department;
(2) providing membership eligibility requirements and
grounds for denial of membership;
(3) establishing membership categories or tiers; and
(4) specifying membership benefits.
(d) The department may revoke or cancel a certificate of
registration or license issued under the "Go Texan" [a] program
established under this section if a participant fails to comply
with a rule adopted by the department.
(e) In this section, "Texas agricultural product" means an
agricultural, apicultural, horticultural, silvicultural,
viticultural, or vegetable product, either in its natural or
processed state, that has been produced, processed, or otherwise
had value added to the product in this state, including:
(1) feed for use by livestock or poultry;
(2) fish or other aquatic species;
(3) livestock, a livestock product, or a livestock
by-product;
(4) planting seed;
(5) poultry, a poultry product, or a poultry
by-product; or
(6) wildlife processed for food or by-products.
SECTION 3. Chapter 12, Agriculture Code, is amended by
adding Section 12.0204 to read as follows:
Sec. 12.0204. ADVISORY COMMITTEES. (a) The department by
rule may establish advisory committees to make recommendations to
the department on programs, rules, and policies administered by the
department.
(b) In establishing an advisory committee under this
section, the department shall adopt rules, including rules
regarding:
(1) the purpose, role, responsibility, goals, and
duration of the committee;
(2) the size of and quorum requirement for the
committee;
(3) qualifications for committee membership;
(4) appointment procedures for members;
(5) terms of service for members;
(6) training requirements for members;
(7) policies to avoid conflicts of interest by
committee members;
(8) a periodic review process to evaluate the
continuing need for the committee; and
(9) policies to ensure the committee does not violate
any provisions of Chapter 551, Government Code, applicable to the
department or the committee.
SECTION 4. Chapter 12, Agriculture Code, is amended by
adding Section 12.0205 to read as follows:
Sec. 12.0205. COORDINATION OF CONSUMER PROTECTION
ENFORCEMENT WITH OFFICE OF THE ATTORNEY GENERAL. (a) The
department and the office of the attorney general shall enter into a
memorandum of understanding to coordinate the enforcement of
consumer protection programs.
(b) The memorandum of understanding shall require the
department to communicate with the consumer protection division of
the office of the attorney general before taking final disciplinary
or enforcement action related to consumer protection.
SECTION 5. The heading to Section 12.026, Agriculture Code,
is amended to read as follows:
Sec. 12.026. PUBLIC INTEREST INFORMATION[; COMPLAINTS].
SECTION 6. Chapter 12, Agriculture Code, is amended by
adding Section 12.02601 to read as follows:
Sec. 12.02601. COMPLAINTS. (a) The department shall
maintain a system to promptly and efficiently act on complaints
filed with the department. The department shall maintain
information about parties to the complaint, the subject matter of
the complaint, a summary of the results of the review or
investigation of the complaint, and its disposition.
(b) The department shall make information available
describing its procedures for complaint investigation and
resolution.
(c) The department shall periodically notify the complaint
parties of the status of the complaint until final disposition
unless the notice would jeopardize an investigation.
SECTION 7. Sections 12.042(a), (b), (c), (e), and (i),
Agriculture Code, are amended to read as follows:
(a) The department shall establish a home-delivered meal
grant program to benefit homebound elderly persons and persons with
disabilities [disabled people] in this state. The program must be
designed to help defray the costs of providing home-delivered meals
that are not fully funded by the Health and Human [Department of
Aging and Disability] Services Commission or an area agency on
aging.
(b) From funds appropriated for that purpose, the
department shall make grants to qualifying organizations that
provide home-delivered meals to [the] homebound elderly persons and
persons with disabilities [disabled]. The department may use not
more than five percent of those appropriated funds for the
administration of the grant program.
(c) An organization applying to the department for a grant
under this section must:
(1) be a governmental agency or a nonprofit private
organization that is exempt from taxation under Section 501(a),
Internal Revenue Code of 1986, as an organization described by
Section 501(c)(3) of that code, that is a direct provider of
home-delivered meals to [the] elderly persons or persons with
disabilities in this state;
(2) if it is a nonprofit private organization, have a
volunteer board of directors;
(3) practice nondiscrimination;
(4) have an accounting system or fiscal agent approved
by the county in which it provides meals;
(5) have a system to prevent the duplication of
services to the organization's clients; and
(6) agree to use funds received under this section
only to supplement and extend existing services related directly to
home-delivered meal services.
(e) The department shall require an organization seeking a
grant to file an application in a form approved by the department.
The application must be notarized and signed by the organization's
executive director and board chair, if applicable, be postmarked
not later than November 1, and must include:
(1) the organization's name and address;
(2) the names and titles of the organization's
executive director and board chair, if applicable;
(3) the name of the county in relation to which the
organization is applying;
(4) the number of residents at least 60 years of age
who reside in that county, according to the most recent federal
decennial census;
(5) the amount of the grant awarded by that county as
required by Subsection (d);
(6) the number of meals the organization delivered to
elderly persons or [disabled] persons with disabilities in that
county during the preceding state fiscal year that were not fully
funded [for] by the Health and Human [Department of Aging and
Disability] Services Commission or an area agency on aging;
(7) appropriate documentation demonstrating that the
organization:
(A) is a qualifying governmental agency or
nonprofit private organization;
(B) has been awarded a grant by the county in
relation to which the organization is applying, as required by
Subsection (d); and
(C) has delivered the number of meals reported
under Subdivision (6);
(8) the organization's most recent financial statement
or audited financial report; and
(9) a list of the organization's board and officers.
(i) Not later than February 1 of each year, the department
shall make a grant to each qualifying organization that has
submitted an approved application under this section. Subject to
Subsections (d) and (h), the department shall make grants in an
amount equal to one dollar for each meal that the organization
delivered to homebound elderly persons or [disabled] persons with
disabilities in the county in the preceding state fiscal year that
was not fully funded [for] by the Health and Human [Department of
Aging and Disability] Services Commission or an area agency on
aging. If more than one qualifying organization delivers meals in a
county, the department shall reduce the grants proportionally to
each qualifying organization in that county so that the total
amount of the grants to the organizations does not exceed the amount
described by Subsection (h).
SECTION 8. Subchapter A, Chapter 12A, Agriculture Code, is
amended by adding Sections 12A.004 and 12A.005 to read as follows:
Sec. 12A.004. INSPECTION AND ENFORCEMENT STRATEGIC PLAN.
(a) The department shall develop and publish an annual plan for
each state fiscal year to use the inspection and enforcement
resources of the department strategically to ensure public safety
and protect agriculture and consumers in this state.
(b) The department shall seek input from stakeholders when
developing each annual plan.
(c) The department shall collect and maintain information
that accurately shows the department's inspection and enforcement
activities. Each annual plan must include a report of the
information collected by the department that shows the department's
inspection and enforcement activities over time.
(d) The information described by Subsection (c) must
include data regarding violations of statutes or department rules,
including:
(1) the number, type, and severity of:
(A) violations the department found to have
occurred;
(B) violations the department referred for
enforcement to the section of the department responsible for
enforcement; and
(C) violations for which the department imposed a
penalty or took other enforcement action;
(2) the number of major violations for which the
department imposed a penalty or took other enforcement action; and
(3) the number of repeat major violations, categorized
by license type, if applicable.
(e) The department shall publish each annual plan on the
department's Internet website not later than July 1 of the year
preceding the state fiscal year in which the department implements
the plan.
Sec. 12A.005. CRIMINAL HISTORY EVALUATION. The department
shall perform the duties of a licensing authority under Chapter 53,
Occupations Code, for each license issued by the department under
this code or other law, including issuing guidelines under Section
53.025, Occupations Code.
SECTION 9. Section 19.005, Agriculture Code, is reenacted
and amended to read as follows:
Sec. 19.005. ADVISORY COUNCIL. (a) The commissioner shall
appoint the advisory council. The advisory council is composed of
seven members, including:
(1) one member representing the department;
(2) one member representing The Texas A&M
University-Kingsville Citrus Center at Weslaco;
(3) two members representing the citrus nursery
industry;
(4) two members representing citrus growers; and
(5) one member having specialized knowledge in citrus
diseases and pests.
(b) A member serves a two-year term and may be reappointed.
(c) Members of the advisory council are not eligible for
reimbursement of expenses arising from service on the advisory
council.
(d) Chapter 2110, Government Code, does not apply to the
duration of the advisory council.
SECTION 10. Section 41.154, Agriculture Code, is amended to
read as follows:
Sec. 41.154. ANNUAL REPORT. The council shall deliver to
the commissioner [and the appropriate oversight committee in the
senate and house of representatives] an annual report giving
details of its efforts to carry out the purposes of this subchapter.
SECTION 11. Section 45.005(c), Agriculture Code, is amended
to read as follows:
(c) The program may undertake agricultural research and
development projects of mutual benefit that are located in Texas,
Israel, or any other location considered advisable by the
department [or suggested by the advisory committee].
SECTION 12. Section 46.005, Agriculture Code, is amended to
read as follows:
Sec. 46.005. DEPARTMENT POWERS AND DUTIES. The department
shall administer the "Go Texan" Partner Program. The duties of the
department in administering the program include:
(1) developing procedures for acceptance and
administration of funds received to administer the program,
including appropriations, gifts, license plate revenue, and
matching funds;
(2) developing application and selection procedures
including procedures for soliciting and accepting applications
[and screening applications for review by the "Go Texan" Partner
Program Advisory Board];
(3) developing a general promotional campaign for
Texas agricultural products and advertising campaigns for specific
Texas agricultural products based on project requests submitted by
successful applicants;
(4) developing advertising programs and promotional
materials for use by program participants and establishing
guidelines on advertising activities by participants;
(5) contracting with media representatives for the
purpose of dispersing promotional materials; and
(6) receiving matching funds from program
participants and donations or grants from any source, and
establishing internal reporting requirements for use of funds.
SECTION 13. Section 46.011, Agriculture Code, is amended to
read as follows:
Sec. 46.011. CRITERIA FOR ALLOCATION OF FUNDS. The
department shall by rule [and with the advice of the board]
establish criteria for allocation of funds to participant projects.
Rules adopted under this section must include:
(1) the factors to be considered in evaluating
projects; and
(2) a maximum funding amount for each project.
SECTION 14. Section 47.052(b), Agriculture Code, is amended
to read as follows:
(b) The commissioner[, in consultation with the advisory
committee established under Section 47.053,] shall adopt rules as
necessary to implement the program.
SECTION 15. Section 50B.0025, Agriculture Code, is amended
to read as follows:
Sec. 50B.0025. ANNUAL PLAN AND BUDGET. Not later than
November 1 of each year, the commissioner shall prepare for the
current fiscal year:
(1) a [the] schedule and plan of action designed to
implement and further the objectives of this chapter and Chapter
110, Alcoholic Beverage Code; and
(2) a budget and prioritized spending plan for
expenditures of the wine industry development fund [described by
Section 50B.002(g), considering the recommendations of the
committee under that section and following them to the extent the
commissioner considers appropriate].
SECTION 16. Sections 62.002(a) and (b), Agriculture Code,
are amended to read as follows:
(a) The State Seed and Plant Board is an agency of the state.
The board is composed of:
(1) one individual, appointed by the president of
Texas A&M University, from the Soils and Crop Sciences Department,
Texas Agricultural Experiment Station, Texas A&M University;
(2) one individual, appointed by the president of
Texas Tech University, from the Department of Plant and Soil
Sciences, Texas Tech University;
(3) one individual, appointed by the commissioner,
licensed as a Texas Foundation, Registered, or Certified seed or
plant producer who is not employed by a public institution;
(4) one individual, appointed by the commissioner, who
sells Texas Foundation, Registered, or Certified seed or plants;
and
(5) one individual, appointed by the commissioner,
actively engaged in farming but not a producer or seller of Texas
Foundation, Registered, or Certified seed or plants[; and
[(6) the head of the seed division of the department].
(b) An individual appointed from a state university [or the
department] serves on the board as an ex officio member. A member
serves for a term of two years and until a successor has qualified.
Members serve without compensation but are entitled to
reimbursement by the state for actual expenses incurred in the
performance of their duties.
SECTION 17. Section 62.005(a), Agriculture Code, is amended
to read as follows:
(a) A person who wants to produce a certified class of seed
or plant for which the board has established standards of genetic
purity and identity may apply to the board for licensing as a
Foundation, Registered, or Certified producer of seed or plants.
To be licensed as a producer, a person must satisfy the board that:
(1) [he or she is of good character and has a
reputation for honesty;
[(2)] his or her facilities meet board requirements
for producing and maintaining seed or plants for the certification
generations desired; and
(2) [(3)] he or she has met any other board
requirements as to knowledge of the production or maintenance of
seed or plants for the certification generations for which he or she
applies to be licensed.
SECTION 18. Section 74.0031(d), Agriculture Code, is
amended to read as follows:
(d) The department shall set a cotton stalk destruction
deadline for each pest management zone, with consideration given to
the recommendations of the foundation [and the applicable
administrative committee submitted under Subsection (b)].
SECTION 19. Sections 74.0032(b) and (c), Agriculture Code,
are amended to read as follows:
(b) If adverse weather conditions or other good cause
exists, the Texas Boll Weevil Eradication Foundation
[administrative committee that governs the applicable pest
management zone] may request that the department grant an extension
of the cotton stalk destruction deadline for any specified part of
the pest management zone or for the entire pest management zone. A
request under this subsection must be made within the period
specified by department rule. A field is not subject to a hostable
cotton fee if the department grants an extension of the deadline.
The Texas Boll Weevil Eradication Foundation shall submit to the
department an estimate of the amount by which an extension under
this subsection will increase the cost of administering the boll
weevil eradication program.
(c) If the Texas Boll Weevil Eradication Foundation
[applicable administrative committee] does not request an
extension, or if the department denies a request for an extension of
the cotton stalk destruction deadline for a specified part of a pest
management zone, a cotton grower may apply for an individual
extension of the deadline. A request under this subsection must be
made within the period specified by department rule.
SECTION 20. Section 74.004(a), Agriculture Code, is amended
to read as follows:
(a) The [On petition of the administrative committee of a
pest management zone, the] department may establish regulated
areas, dates, and appropriate methods of destruction of stalks,
other parts, and products of host plants for cotton pests,
including requirements for destruction of foliage, fruiting
structures, and root systems of host plants after the harvest
deadline.
SECTION 21. Section 74.0041, Agriculture Code, is amended
to read as follows:
Sec. 74.0041. REGULATION OF PLANTING DATES. The [On
petition of the administrative committee of a pest management zone,
the] department may establish uniform planting dates for host
plants.
SECTION 22. Subchapter D, Chapter 74, Agriculture Code, is
amended by adding Section 74.1091 to read as follows:
Sec. 74.1091. SEPARATION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly separate the
policy-making responsibilities of the board and the management
responsibilities of the chief executive officer and staff of the
foundation.
SECTION 23. Section 74.127(a), Agriculture Code, is amended
to read as follows:
(a) The board of directors of the official cotton growers'
boll weevil eradication foundation is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the board is abolished and this
subchapter expires September 1, 2033 [2021].
SECTION 24. Subchapter D, Chapter 74, Agriculture Code, is
amended by adding Section 74.132 to read as follows:
Sec. 74.132. COMPLAINTS. (a) The foundation shall
maintain a system to promptly and efficiently act on complaints
filed with the foundation. The foundation shall maintain
information about parties to the complaint, the subject matter of
the complaint, a summary of the results of the review or
investigation of the complaint, and its disposition.
(b) The foundation shall make information available
describing its procedures for complaint investigation and
resolution.
(c) The foundation shall periodically notify the complaint
parties of the status of the complaint until final disposition
unless the notice would jeopardize an investigation.
SECTION 25. The heading to Section 134.002, Agriculture
Code, is amended to read as follows:
Sec. 134.002. SUPPORT OF AQUACULTURE [PROGRAM].
SECTION 26. Section 134.004, Agriculture Code, is amended
to read as follows:
Sec. 134.004. CONTRACTS. The department, the Texas
[Natural Resource Conservation] Commission on Environmental
Quality, the Texas Animal Health Commission, and the Parks and
Wildlife Department may contract with state, federal, or private
entities for assistance in carrying out the purposes of this
chapter.
SECTION 27. The heading to Subchapter B, Chapter 134,
Agriculture Code, is amended to read as follows:
SUBCHAPTER B. AQUACULTURE REQUIREMENTS [LICENSE]
SECTION 28. Section 134.013, Agriculture Code, is amended
to read as follows:
Sec. 134.013. ADDITIONAL REQUIREMENTS FOR SHRIMP
PRODUCTION WITHIN THE COASTAL ZONE. (a) A commercial aquaculture
facility located within the coastal zone and engaged in the
production of shrimp must:
(1) [must] obtain a site-specific wastewater
discharge permit from the Texas [Natural Resource Conservation]
Commission on Environmental Quality before the facility may
discharge wastewater if the facility will discharge wastewater or
another substance into waters in the state;
(2) [must] provide the report described in Subsection
(b) to the Texas Commission on Environmental Quality [and is
subject to the review described in Section 134.031(c) if the
aquaculture facility applies for a site-specific discharge
permit];
(3) [must] obtain an amendment to its site-specific
discharge permit from the Texas [Natural Resource Conservation]
Commission on Environmental Quality before the facility may
increase the amount of discharge or change the nature of the
discharge above levels allowed by the wastewater discharge permit
issued by the Texas [Natural Resource Conservation] Commission on
Environmental Quality, except as otherwise provided by Section
26.0191, Water Code; and
(4) [must] provide the report described by Subsection
(b) [and is subject to the review described in Section 134.031(c)]
before the facility may increase the amount of discharge, or change
the nature of the discharge above levels allowed by the wastewater
discharge permit issued by the Texas [Natural Resource
Conservation] Commission on Environmental Quality, except as
otherwise provided by Section 26.0191, Water Code.
(b) Before issuing a permit [license] to a new aquaculture
facility designed for the commercial production of shrimp that will
discharge wastewater into waters in the state within the coastal
zone, the Texas Commission on Environmental Quality [department]
shall require the applicant to provide a report describing the
existing environmental conditions at the proposed site, including
aquatic habitat and the conditions of the waters in the state into
which a discharge is proposed. The report must provide an
assessment of any potential impacts of wastewater discharges on
sensitive aquatic habitats in the area of the proposed site,
significant impacts related to the construction or operation of the
facility, and any mitigation actions proposed by the applicant.
(c) The applicant must provide the report required under
Subsection (b) to the [Texas Natural Resource Conservation
Commission and the] Parks and Wildlife Department. The Texas
[Natural Resource Conservation] Commission on Environmental
Quality may not issue a wastewater discharge permit to a new
aquaculture facility designed for the commercial production of
shrimp and located within the coastal zone without consideration of
the report described by Subsection (b).
(d) In coordination with [the department and] the Parks and
Wildlife Department, the Texas [Natural Resource Conservation]
Commission on Environmental Quality shall establish guidelines
relating to the report required by Subsection (b) that:
(1) give public notice as to what the reporting
requirements include; and
(2) minimize duplication of reporting requirements
and other requirements related to the application for a wastewater
discharge permit.
SECTION 29. Section 134.016(a), Agriculture Code, is
amended to read as follows:
(a) The operator [holder] of a commercial [an] aquaculture
facility [license] shall maintain a record of sales of cultured
species for at least [a period of time of not less than] one year.
The record is open for inspection by designated employees of the
Parks and Wildlife Department [and the department] during normal
business hours.
SECTION 30. Section 134.017, Agriculture Code, is amended
to read as follows:
Sec. 134.017. CULTURE AND SALE OF CULTURED SPECIES.
Cultured species of any kind, size, or number may be raised,
possessed, transported, and sold anywhere, at any time, to any
person, for any purpose by the operator [holder] of a commercial
[an] aquaculture facility [license] unless prohibited by the Parks
and Wildlife Code or regulation.
SECTION 31. Section 134.018, Agriculture Code, is amended
to read as follows:
Sec. 134.018. [LICENSE NOT REQUIRED FOR] SALE OF CERTAIN
FISH. (a) This section applies to [An aquaculture license is not
required for] the sale of fish:
(1) that are not on the Parks and Wildlife Department's
list of exotic fish, shellfish, and aquatic plants;
(2) collected from a private facility on private land
by a person who operates a commercial [holds an] aquaculture
facility [license];
(3) by the owner of the private facility from which the
fish were collected;
(4) to manage the fish population in the private
facility; and
(5) to a person who operates a commercial [holds an]
aquaculture facility [license].
(b) Not later than the 30th day after the sale of fish under
this section, a [the] buyer who operates a commercial [holds an]
aquaculture facility [license] shall submit a copy of the invoice
for the sale to the Parks and Wildlife Department. The seller and
the buyer shall maintain a record of the sale for not less than one
year. The record must contain at least:
(1) the invoice number;
(2) the date of the sale;
(3) the name and address of the seller;
(4) the physical location of the facility from which
the fish were collected;
(5) the buyer's name and [,] address[,] and the name
and address of the buyer's commercial aquaculture facility [license
number of the buyer]; and
(6) the number of fish sold.
(c) Sections 66.020 and 66.111, Parks and Wildlife Code, do
not apply to a sale under this section.
SECTION 32. Section 134.023(b), Agriculture Code, is
amended to read as follows:
(b) A person who violates Section [134.019 or] 134.020
commits an offense that is a Class B misdemeanor.
SECTION 33. Sections 134.031(a), (b), (c), (d), (e), (f),
and (g), Agriculture Code, are amended to read as follows:
(a) The [department, the] Texas [Natural Resource
Conservation] Commission on Environmental Quality[,] and the Parks
and Wildlife Department shall enter into a memorandum of
understanding for the regulation of matters related to aquaculture.
(b) The Texas [Natural Resource Conservation] Commission on
Environmental Quality, after receiving an application for a
wastewater discharge authorization from an aquaculture facility,
shall provide a copy of the application to the [department and the]
Parks and Wildlife Department.
(c) The [department, the] Texas [Natural Resource
Conservation] Commission on Environmental Quality[,] and the Parks
and Wildlife Department shall [each appoint one member of a
three-member application review committee to review the wastewater
discharge authorization application to] ensure that the proposed
discharge will not adversely affect a bay, an estuary, or other
waters in the state.
(d) The Parks and Wildlife Department, in consultation with
the Texas [Natural Resource Conservation] Commission on
Environmental Quality, may establish general guidelines that
identify sensitive aquatic habitat within the coastal zone. The
general guidelines must include factors such as the presence of sea
grass beds, depth of receiving waters, and amount of tidal
exchange.
(e) If the Parks and Wildlife Department establishes the
guidelines described in Subsection (d), the Parks and Wildlife
Department must provide the guidelines to the Texas [Natural
Resource Conservation] Commission on Environmental Quality [and
the department].
(f) If the Parks and Wildlife Department has established the
guidelines described in Subsection (d), the Texas [Natural Resource
Conservation] Commission on Environmental Quality must consider
the guidelines when reviewing wastewater discharge authorization
applications for new aquaculture facilities located within the
coastal zone, or expansion of existing facilities located within
the coastal zone if the expansion will increase the amount of
discharge, or change the nature of the discharge, above levels
allowed by the wastewater discharge permit.
(g) In developing the guidelines under Subsection (d)
applicable to aquaculture facilities engaged in the production of
shrimp in the coastal zone, the Parks and Wildlife Department, in
consultation with the Texas [Natural Resource Conservation]
Commission on Environmental Quality, shall consider the best
management practices that the facilities developed under the
direction of the Texas [Natural Resource Conservation] Commission
on Environmental Quality.
SECTION 34. Section 110.002(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) The commissioner[, in consultation with the advisory
committee established under Section 50B.002, Agriculture Code,]
shall adopt rules as necessary to implement the program.
SECTION 35. Section 153.046, Natural Resources Code, is
amended to read as follows:
Sec. 153.046. DUTIES. The board by rule shall establish:
(1) [establish] standards for prescribed burning;
(2) [develop] a comprehensive training curriculum for
certified and insured prescribed burn managers;
(3) [establish] standards for certification,
recertification, and training for certified and insured prescribed
burn managers;
(4) [establish] minimum education and professional
requirements for instructors for the approved curriculum; and
(5) [establish] insurance requirements for certified
and insured prescribed burn managers in amounts not less than those
required by Section 153.082.
SECTION 36. Section 153.048, Natural Resources Code, is
amended by adding Subsection (f) to read as follows:
(f) The board may waive any prerequisite to obtaining
certification for an applicant after reviewing the applicant's
credentials and determining that the applicant holds a valid
certification from another state that has certification
requirements substantially equivalent to those of this state.
SECTION 37. Section 153.101, Natural Resources Code, is
amended to read as follows:
Sec. 153.101. COMPLAINTS. The department shall receive and
process complaints concerning certified and insured prescribed
burn managers in the manner described by Sections [Section] 12.026
and 12.02601, Agriculture Code, and rules adopted under those
sections [that section].
SECTION 38. Section 153.102(b), Natural Resources Code, is
amended to read as follows:
(b) The board [department] by rule shall adopt a schedule of
the disciplinary sanctions that the department shall [may] impose
under this chapter. In adopting the schedule of sanctions, the
board [department] shall ensure that the severity of the sanction
imposed is appropriate to the type of violation or conduct that is
the basis for disciplinary action.
SECTION 39. Section 43.551, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.551. PERMIT FOR THE TAKING OF BROOD STOCK BY
COMMERCIAL AQUACULTURE FACILITIES [FISH FARMERS]. The department
may issue a permit to an operator of a commercial aquaculture
facility as defined by Section 134.001, Agriculture Code, [a
licensed fish farmer] that authorizes the operator [fish farmer] to
take a specified quantity of fish brood stock from specified public
water.
SECTION 40. Section 43.553(a), Parks and Wildlife Code, is
amended to read as follows:
(a) A [The] permit under this subchapter may allow the
operator of a commercial aquaculture facility [fish farmer] to take
a specified quantity of fish brood stock reasonably necessary for
the operation of the aquaculture facility [fish farm] but limited
to the extent necessary to protect the availability of fish in
public water.
SECTION 41. Section 43.554, Parks and Wildlife Code, is
amended to read as follows:
Sec. 43.554. FEES. The commission shall charge the
operator of a commercial aquaculture facility [a fish farmer] a fee
equal to the value of the fish authorized to be taken under this
subchapter.
SECTION 42. Section 47.009(c), Parks and Wildlife Code, is
amended to read as follows:
(c) An operator of a commercial [A person who has an]
aquaculture [license for a Texas aquaculture] facility as defined
by [under] Section 134.001 [134.011], Agriculture Code, is not
required to obtain or possess a wholesale fish dealer's license if
the operator's [person's] business activities with regard to the
sale of aquatic products involve aquatic products raised on the
operator's commercial [person's] aquaculture facility only.
SECTION 43. Section 47.0091, Parks and Wildlife Code, is
amended to read as follows:
Sec. 47.0091. PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE
FISH DEALERS. No wholesale fish dealer may purchase for resale or
receive for sale, barter, exchange, or any other commercial purpose
any aquatic product from any person or entity in this state unless
the dealer [he] purchases the product from the operator of a
commercial aquaculture facility as defined by Section 134.001,
Agriculture Code, or the holder of:
(1) a general commercial fisherman's license;
(2) a commercial oyster fisherman's license;
(3) a commercial oyster boat license;
(4) a wholesale fish dealer's license;
(5) [a fish farmer's license;
[(6)] a commercial shrimp boat license;
(6) [(7)] a commercial oyster boat captain's license;
(7) [(8)] a commercial shrimp boat captain's license;
(8) [(9)] a commercial crab fisherman's license;
(9) [(10)] a commercial finfish fisherman's license;
(10) [(11)] a commercial gulf shrimp unloading
license; or
(11) [(12)] a cultivated oyster mariculture permit.
SECTION 44. Section 47.010(b), Parks and Wildlife Code, is
amended to read as follows:
(b) A resident who operates a [holds a fish farm] vehicle
used to transport cultured species from a private facility, as
those terms are defined by [license under] Section 134.001
[134.012], Agriculture Code, and sells cultured species from the
vehicle is not required to obtain a license for the vehicle under
this section if the vehicle is used with regard to the sale or
transportation of only aquatic products raised on a commercial
[licensed Texas] aquaculture facility belonging to the operator
[owner] of the vehicle.
SECTION 45. Section 47.011(c), Parks and Wildlife Code, is
amended to read as follows:
(c) An operator of a commercial [A person with an]
aquaculture [license for a Texas aquaculture] facility as defined
by [under] Section 134.001 [134.011], Agriculture Code, is not
required to obtain or possess a retail fish dealer's license if the
operator's [person's] business activities with regard to the sale
of aquatic products involve aquatic products raised on the
operator's commercial [person's] aquaculture facility only.
SECTION 46. Section 47.0111, Parks and Wildlife Code, is
amended to read as follows:
Sec. 47.0111. PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH
DEALERS. No retail fish dealer may purchase for resale or receive
for sale, barter, exchange, or any other commercial purposes any
aquatic products from any person or entity in this state unless the
dealer [he] purchases the product from the operator of a commercial
aquaculture facility as defined by Section 134.001, Agriculture
Code, or the holder of:
(1) a wholesale fish dealer's license; or
(2) a general commercial fisherman's license, a
commercial shrimp boat license, a commercial shrimp boat captain's
license, a commercial gulf shrimp unloading license, a commercial
crab fisherman's license, or a commercial finfish fisherman's
license when the retail fish dealer has given written notification
to the director or the director's [his] designee of the dealer's
intent to purchase aquatic products from the holder of a general
commercial fisherman's license, a commercial shrimp boat license, a
commercial shrimp boat captain's license, a commercial crab
fisherman's license, or a commercial finfish fisherman's license[;
or
[(3) a fish farmer's license].
SECTION 47. Section 47.012, Parks and Wildlife Code, is
amended to read as follows:
Sec. 47.012. PURCHASE OF AQUATIC PRODUCTS BY RESTAURANT
OWNER, OPERATOR, OR EMPLOYEE. No restaurant owner, operator, or
employee may purchase for consumption by the restaurant's patrons
on the restaurant's premises any aquatic product from any person or
entity in this state unless the person purchases the aquatic
product from the operator of a commercial aquaculture facility as
defined by Section 134.001, Agriculture Code, or the holder of:
(1) a wholesale fish dealer's license;
(2) a general commercial fisherman's license;
(3) [a fish farmer's license;
[(4)] a commercial shrimp boat license;
(4) [(5)] a commercial shrimp boat captain's license;
(5) [(6)] a commercial crab fisherman's license;
(6) [(7)] a commercial finfish fisherman's license; or
(7) [(8)] a commercial gulf shrimp unloading license.
SECTION 48. Section 47.013(c), Parks and Wildlife Code, is
amended to read as follows:
(c) A resident who operates [owns] a vehicle used to
transport cultured species from a private facility, as those terms
are defined by [licensed under] Section 134.001 [134.012],
Agriculture Code, and sells cultured species from the vehicle is
not required to obtain a license for the vehicle under this section
when the vehicle is used with regard to the sale or transportation
of only aquatic products raised on a commercial [licensed Texas]
aquaculture facility belonging to the operator [owner] of the
vehicle.
SECTION 49. Section 47.014(c), Parks and Wildlife Code, is
amended to read as follows:
(c) An operator of a commercial [A person who has an]
aquaculture [license for a Texas aquaculture] facility as defined
by [under] Section 134.001 [134.011], Agriculture Code, is not
required to obtain or possess a bait dealer's license if the
operator's [person's] business activities with regard to the sale
of aquatic products for bait involve only aquatic products raised
on the operator's commercial [person's] aquaculture facility.
SECTION 50. Sections 66.007(d) and (f), Parks and Wildlife
Code, are amended to read as follows:
(d) An operator of a commercial aquaculture facility as
defined by Section 134.001, Agriculture Code, [A fish farmer] may
import, possess, or sell harmful or potentially harmful exotic fish
species as provided by Section 134.020, Agriculture Code.
(f) An operator of a commercial aquaculture facility as
defined by Section 134.001, Agriculture Code, [A fish farmer] may
not import, possess, propagate, or transport exotic shellfish
unless the operator [fish farmer] furnishes evidence required by
the department showing that the shellfish are free of disease.
SECTION 51. Section 66.020(b), Parks and Wildlife Code, is
amended to read as follows:
(b) This section applies to the possession, transportation,
sale, or purchase of any fish described by Subsection (a) [of this
section] without regard to where the fish was taken, caught, or
raised, but does not apply to:
(1) the transportation or possession of fish taken,
caught, or raised outside this state and transported by common
carrier without being unloaded from outside this state to a point of
delivery outside this state;
(2) fish raised by being continuously fed a prepared
feed and sold by an operator of a commercial aquaculture facility,
[licensed Texas fish farmer if marked and identified] as defined by
Section 134.001 [required under Chapter 134], Agriculture Code; or
(3) the lawful importation by the holder of a Texas
finfish import license into this state from another state or
foreign country of farm-raised red drum, bass of the genus
Micropterus, crappie, flathead catfish, striped bass, white bass,
or a hybrid of any of those fish that have been continuously fed a
prepared feed as a primary food source or lawfully taken, caught, or
raised blue marlin, jewfish, longbill spearfish, muskellunge,
northern pike, sailfish, sauger, snook, spotted sea trout, tarpon,
walleye, white marlin, yellow bass, or a hybrid of any of those
fish, if the fish are transported or sold when not alive and are
tagged, invoiced, packaged, and labeled under regulations of the
commission and if the license holder complies with any requirements
the commission may establish by proclamation that the fish enter
the stream of commerce for sale in this state in a condition
allowing ready identification of the species, including a
requirement that the fish come into the state with the head and tail
intact and tagged and a requirement that an invoice accompany all
imported fish regulated by this section through each sales
transaction, including transactions at the place of the final sale
to the consumer.
SECTION 52. Section 66.111(b), Parks and Wildlife Code, is
amended to read as follows:
(b) Subsection (a) [of this section] does not apply to:
(1) a fish, other than a bass of the genus Micropterus,
reared in private water by an operator of a commercial aquaculture
facility, as defined by Section 134.001, Agriculture Code [under a
fish farmer's license];
(2) a fish possessed legally outside this state and
transported into this state;
(3) bass of the genus Micropterus reared in private
water by an operator of a commercial aquaculture facility, as
defined by Section 134.001, Agriculture Code, [under a fish
farmer's license] and marketed for the purpose of stocking the
water of this state;
(4) nongame fish regulated under Chapter 67 of this
code; or
(5) channel catfish of more than 14 inches in length or
blue catfish of more than 14 inches in length taken from the public
fresh water of Angelina, Bowie, Camp, Cass, Chambers, Franklin,
Freestone, Gregg, Hardin, Harris, Harrison, Jasper, Jefferson,
Lamar, Leon, Liberty, Madison, Marion, Montgomery, Morris,
Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Red River,
Sabine, San Augustine, San Jacinto, Shelby, Titus, Trinity, Tyler,
Upshur, or Walker County, the public fresh water of the Neches or
Trinity River in Houston County, the public fresh water of the
Colorado River in Bastrop, Colorado, Fayette, Matagorda, or Wharton
County, or the public fresh water of Falcon Lake in Starr or Zapata
County.
SECTION 53. The following provisions are repealed:
(1) Sections 12.0178, 12.026(c) and (d), 15.006,
45.009, 46.010, 47.051(1), 47.053, 49.006, 50B.002, 74.003(d),
74.0031(a), 74.120(d), 102.167(e), 134.003, 134.005(b), 134.006,
134.011, 134.012, 134.014, 134.015, and 134.019, Agriculture Code;
(2) Chapter 42, Agriculture Code;
(3) Subchapter P, Chapter 487, Government Code;
(4) Subchapter R, Chapter 487, Government Code; and
(5) Chapter 116, Health and Safety Code.
SECTION 54. (a) On the effective date of this Act, a
license issued under former Section 134.011 or 134.012, Agriculture
Code, expires.
(b) As soon as practicable after the effective date of this
Act, the Department of Agriculture shall repeal all rules relating
to a license issued under former Section 134.011 or 134.012,
Agriculture Code.
(c) The repeal by this Act of Sections 134.011 and 134.012,
Agriculture Code, does not affect the validity of a proceeding
pending before a court or other governmental entity on the
effective date of this Act.
SECTION 55. Not later than January 1, 2022, the
commissioner of agriculture shall appoint the members of the citrus
budwood advisory council under Section 19.005, Agriculture Code, as
reenacted and amended by this Act. The advisory council is
re-created on the date the commissioner of agriculture makes the
appointments required by this section, notwithstanding any
previous abolishment under Section 2110.008, Government Code.
SECTION 56. The changes in law made by this Act apply only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 57. This Act takes effect September 1, 2021.